Chebet (Legal Representative of Kabon Chepsergon) v Kipsoto (Administrator and Representative of Charles Kiptorus Ngabo) & 4 others (Environment and Land Case E011 of 2025) [2026] KEELC 4914 (KLR)
The bottom line
#A Kenyan court struck out a land suit because the power of attorney backing it died with its donor, leaving the plaintiff with no authority to sue.
What this practically means
#Executive summary
#Key legal issues
#Effect of the donor's death on a suit founded on a power of attorney
The power of attorney died with the donor; the Plaintiff lacks capacity to prosecute the suit
The court accepted that Kabon Chepsergon died on 16th September 2024, a fact first raised by the 1st Defendant but confirmed by the Plaintiff in his further affidavit. Following the Court of Appeal's decision in Loise Wanjiru Meru, the power of attorney was extinguished upon death. The defect goes to jurisdiction and locus standi, not a mere procedural lapse, so the leniency in Salat does not save the suit. Only a limited grant ad litem or full grant could clothe the Plaintiff with capacity.
Whether striking out pleadings, a draconian remedy, was justified
Yes, because the incapacity goes to jurisdiction and the root of the suit, placing the matter in the clearest of cases
The court acknowledged KCB v Suntra and Ouko JA's admonition in Nicholas Salat against striking out pleadings for curable procedural lapses, and endorsed those principles as reflecting Article 159(2). However, it distinguished them because the absence of capacity is not a mere deviation of form but a jurisdictional defect that no grant ad litem or letters of administration could cure retroactively in this suit.
Legal principles established
#- A power of attorney is extinguished upon the death of the donor and cannot found a suit filed after the donor's death; the donee must obtain a limited grant ad litem or full letters of administration
Court orders
#- 1.This suit is struck out
- 2.The Plaintiff shall meet the 1st Defendant's costs
- Jurisdiction invoked
- Article 159(2) of the Constitution; Civil Procedure Act, Order 2 Rule 15(1)(b)(c) and (2)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chebet (Legal Representative of Kabon Chepsergon) v Kipsoto (Administrator and Representative of Charles Kiptorus Ngabo) & 4 others (Environment and Land Case E011 of 2025) [2026] KEELC 4914 (KLR)", Case Analysis (2026). Kabarnet ELCLC No. E011 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4914/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.